December 19

Becoming a guardian due to dementia or Alzheimer's disease

Caring for a loved one with dementia or Alzheimer’s disease is difficult. Often, loved ones with these conditions reach the point where they’re no longer able to make informed or rational decisions. If these conditions are coupled with a stubborn refusal of assistance, the situation can even become dangerous. 

Guardianship is an essential tool for families dealing with these conditions. Guardianship gives the caregiver the same kind of authority a parent has over a minor child. Guardianship is usually required when someone with dementia or Alzheimer’s disease is no longer able to sign documents due to their mental incapacitation legally. 

When a caregiver is granted guardianship, the family Caton assures that their mentally incapacitated loved one is:

  • Living in a safe and dignified environment
  • Safe from elder financial scams and exploitation
  • Able to receive competent, necessary long-term or nursing home care
  • Able to receive proper medical treatment and care.

The person seeking guardianship need to be able to demonstrate to the court that a care plan is in place and that the guardian will appropriately handle the finances. If the court decides the petitioner for guardianship is appropriate and that the older adult person is genuinely incapacitated, the court will grant guardianship.

With the assistance of an attorney, even in the absence of an established estate plan and power of attorney, you’ll likely have time still to create a satisfactory successful care plan and choose health care and financial planning representatives.